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Statutes In Force: Criminal Law. 1. General

The Maryland Code is a compilation of the statutes currently in effect and is generally organized by subject (e.g., Criminal Law Article, Family Law Article). The Supreme Court of Maryland, the highest court in Maryland, exercising court rulemaking power. The current Code and Rules are available online through multiple sources.

Statutes in Force: Criminal Law. 1. General

Sec. 7. Banning Chokeholds and Carotid Restraints. (a) The heads of Federal LEAs shall, as soon as practicable, but no later than 90 days from the date of this order, ensure that their respective agencies issue policies with requirements that are equivalent to, or exceed, the requirements of the policy issued by the DOJ on September 13, 2021, which generally prohibits the use of chokeholds and carotid restraints except where the use of deadly force is authorized by law.

In addition to these federal statutes, most states have antitrust laws that are enforced by state attorneys general or private plaintiffs. Many of these statutes are based on the federal antitrust laws.

Twenty-seven states and the District of Columbia have decriminalized small amounts of marijuana. This generally means certain small, personal-consumption amounts are a civil or local infraction, not a state crime (or are a lowest misdemeanor with no possibility of jail time). In 2014 and preceding the successful legalization ballot measure, the District of Columbia enacted legislation, which passed congressional review, and made possession or transfer without remuneration of one ounce or less of marijuana a civil violation.

Other state actions have reduced criminal penalties for marijuana convictions, generally following a trend to reduce adverse consequences of some marijuana crimes. In the past decade, legislation in at least 16 states have amended marijuana penalties.

General criminal statutes, such as reckless endangerment and attempted murder, can be used to criminalize actions that can potentially expose another to HIV and or an STD. Many states have laws that fall into more than one of the categories listed above. For this analysis, only HIV-specific laws are captured for states with both HIV-specific laws and STD/communicable/infectious disease laws. Only HIV or STD/communicable/infectious disease laws are captured for states with both HIV or STD/communicable/infectious disease laws and sentence enhancement statutes.

The following resources provide a broad overview of HIV criminalization in the United States. Specifically, these resources address the science of HIV, provide background literature on the history and practices of HIV criminalization, and the current status of HIV criminalization laws and statutes in the United States.

The Code is designed to provide guidance to judges and nominees for judicial office. It may also provide standards of conduct for application in proceedings under the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 (28 U.S.C. 332(d)(1), 351-364). Not every violation of the Code should lead to disciplinary action. Whether disciplinary action is appropriate, and the degree of discipline, should be determined through a reasonable application of the text and should depend on such factors as the seriousness of the improper activity, the intent of the judge, whether there is a pattern of improper activity, and the effect of the improper activity on others or on the judicial system. Many of the restrictions in the Code are necessarily cast in general terms, and judges may reasonably differ in their interpretation. Furthermore, the Code is not designed or intended as a basis for civil liability or criminal prosecution. Finally, the Code is not intended to be used for tactical advantage.

In addition, the Appeals and Legal Services Section provides general legal and research support to the Criminal Law Division, coordinates and schedules all matters to be brought before the statewide investigating grand juries. Within this section is the Capital Litigation Unit. The Section also reviews administrative decisions by the State Police concerning criminal history records and eligibility for firearm ownership.

The county state's attorneys have sole jurisdiction over prosecution of criminal offenses. This office does not have authority over the county state's attorneys. However, upon request of a state's attorney, an assistant attorney general may be assigned to provide prosecution assistance to the county. Generally, this office does not comment on these cases.

The Department has not added such a training requirement to the regulation. Discriminatory arrests and brutal treatment are already unlawful police activities. The general regulatory obligation to modify policies, practices, or procedures requires law enforcement to make changes in policies that result in discriminatory arrests or abuse of individuals with disabilities. Under this section law enforcement personnel would be required to make appropriate efforts to determine whether perceived strange or disruptive behavior or unconsciousness is the result of a disability. The Department notes that a number of States have attempted to address the problem of arresting disabled persons for noncriminal conduct resulting from their disability through adoption of the Uniform Duties to Disabled Persons Act, and encourages other jurisdictions to consider that approach.


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